Senators face choice: Stand by Rosenberg, or chart new course?

Monday

Dec 4, 2017 at 1:27 PM

By Colin A. Young and Katie Lannan, State House News Service

STATE HOUSE, BOSTON, DEC. 4, 2017.....Senators have a choice when they gather Monday afternoon for an unusual December formal session just hours after Sen. Stanley Rosenberg announced he plans to vacate the office of the Senate president: elect an acting Senate president or pick a new president altogether.

The Senate held a brief informal session at 11 a.m. Monday and adopted an order to meet again at 1 p.m. Monday, this time in a formal session to determine how the Senate will proceed with an investigation into allegations that Rosenberg's husband, Bryon Hefner, sexually assaulted or harassed four men whose jobs were connected to Beacon Hill.

Rosenberg, in a letter shared with members of his leadership team at a meeting Monday morning, said he intends to take a "leave of absence as your president, effective immediately" for as long as the investigation lasts.

The Senate's rules stipulate that in the event of a vacancy in the office of the Senate president the election of either a president or acting president shall be the first order of business when the Senate next convenes.

"[T]he longest continuously serving, and in the event that two or more members equally qualify as longest continuously serving, then the eldest among those members shall call the Senate to order, and shall preside until a President, or Acting President, is elected by ballot or by roll call vote as the Senate shall by majority vote determine, and such election shall be the first business in order," state Senate Rule 5, the rule cited during Monday's session.

According to the Senate clerk's office, Senate President Pro Tempore Marc Pacheco is the Senate's longest-serving member.

Under the House and Senate's joint rules, the branches were supposed to cease all formal business on Nov. 15, but the Senate invoked one of its own rules to meet formally so it can iron out its leadership.

During the brief session, Senate Minority Leader Bruce Tarr offered an order "to bring the Senate to formal session this afternoon for the purpose of considering orders that relate to the operations of the Senate and the Senate presidency," and asked whether such an order would be allowed.

Pacheco, who presided over Monday's informal session, ruled the Senate is allowed to hold a formal session so long as the business discussed relates only to the Senate.

"The business that the Senate intends to take up today ... does not concern matters before the General Court it concerns issues that only pertain to the operation of the Senate and the issues being considered this afternoon directly affect the office of the president of the Senate. Under the provisions of Senate Rule 5, the Senate is solely responsible for how its operations are concluded," Pacheco said from the rostrum. He added, "If an issue arises that would suggest the Senate needs to be recorded on the issue and has no bearing on the other branch of the General Court, then the Senate is entitled and required under the parliamentary law and its own rules to proceed with whatever actions are necessary to accomplish the end that the body desires."

The order the Senate adopted states: "Ordered that when the Senate adjourns today it adjourn to meet again today at 1 o'clock p.m. in a full formal session without a calendar to be presided over by the Senate majority leader." Sen. Harriette Chandler of Worcester is the Senate's majority leader.

Besides voting on who will lead the chamber, senators will also be asked Monday afternoon to approve the process for an investigation into the allegations against Hefner.

Tarr, who along with Chandler has been working to set up a structure for the probe, said Monday morning the investigation will be an "open and transparent process," and he anticipates that members will authorize bringing on a special investigator, who has not yet been selected.

Tarr said the Senate will be acting in accordance with its rules, which only allow for investigations into or actions regarding the conduct of "members, officers and employees of the Senate." A "parallel criminal investigation" could be possible if victims come forward to law enforcement, he said, and the investigator will be charged with reporting any criminal wrongdoing to the appropriate law enforcement authority.

"We really have no ability to investigate the conduct of someone who is not a member of the Senate or a member of the staff on the Senate, and I want to be very clear about this," he said.

Senate Rule 12A also makes clear the Senate Ethics Committee would have the ability to make findings of the investigation public, Tarr said.

"I'm only one vote on that committee, and I don't want to make a decision for that committee as I stand here in front of you today," the Gloucester Republican told reporters from his office lobby. "This matter, until an order is adopted isn't even before that committee, but I will say this -- the committee has the ability to make the report public and as a member of that committee, that will be my urging."

Tarr said he wants alleged victims to feel comfortable coming forward, without fear of retaliation or professional consequences.

"If there is any retaliation or contemplation of retaliation by anyone in this body, then they will deal with me directly, and I will go to the Ethics Committee, and we will take action," he said. "People need to feel comfortable. They've already been victimized here once. We don't want them to be victimized a second time."

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